Agenda item
TAVUUK 3-5 Bateman Street London W1D 4AG
Minutes:
WESTMINSTER CITY COUNCIL LICENSING- SUB-COMMITTEE NO. 6
Thursday 24March 2022
Membership: Councillor Tim Mitchell (Chairman) Councillor Heather Acton and Councillor Rita Begum
Officer Support Legal Adviser: Horatio Chance
Policy Officer: Aaron Harding
Committee Officer: Kisi Smith-Charlemagne and
Jack Robinson-Young
Presenting Officer: Roxsana Haq
Application for a Variation of a Premises Licence in respect of TAVUUK 3-5 Bateman Street London W1D 4AG
Other Parties Present: Ms Emine Fezal Yurdakul of Perasolutions (Licensing Agent)
Mr Serdar Agriman(Applicant), Maxwell Koduah (Environmental Health), Jessica
Donovan (Licensing Authority) PC Dave Morgan (Metropolitan Police Service)
David Gleeson (Soho Society)
Full Decision
Premises
TAVUUK
3-5 Bateman Street
London
W1D 4AG
Applicant
Mr Serdar Agriman
Cumulative Impact Area
West End
Ward
West End
Special Consideration Zone
None
Summary of Application
The Sub-Committee has determined an application for a Variation of a Premises Licence under the Licensing Act 2003 (“The Act”). The Premises operates as a café style restaurant. The Applicant seeks to vary the terminal Opening Hours from 23:00 to 23:30 Monday to Wednesday, until 00:00 on a Thursday, until 02:00 on a Friday and Saturday and until 21:00 on a Sunday (no change) and to extend on the same basis the times for Late-Night Refreshment. The Applicant seeks also to remove Condition 19 (restaurant Model Condition 66) and replace it with restaurant Model Condition 38. Representations have been received from the Metropolitan Police Service, Environmental Health Service, The Licensing Authority and the Soho Society. There is a resident count of 106.
Activities and Hours
As per the Premises Licence
Representations received
• Environmental Health Service (EHS) (Maxwell Koduah).
• Metropolitan Police Service (MPS) (PC Dave Morgan).
• Licensing Authority (Jessica Donovan).
• Soho Society (Richard Brown)
Summary of issues raised by objectors
· The Environmental Health Service had maintained representation presenting some conditions for consideration for the premises by the Sub-Committee.
· PC Morgan from the Metropolitan Police objected to the application under the Licensing Objective to Prevent Crime and Disorder and expressed concern that this was in a CIA and applying for hours outside of core.
· The Licensing Authority had sought clarification as to the Applicants request to remove model condition 66 and regarding their operation. The Licensing Authority had queries regarding their operation and serving of alcohol and to hear an explanation as to why this would not impact the wider area as this was under a CIA policy.
· The Soho Society raised similar objections to the Responsible Authorities.
Policy Position
Policies CIP1, HRS1, RNT1 apply under the City Council’s Statement of Licensing Policy apply (SLP).
SUBMISSIONS AND REASONS
The Presenting Officer Ms Roxsana Haq summarised the application to the Sub-Committee. She advised that this was anapplication to vary the premises licence for Tavuuk, 3-5 Bateman Street, London W1D 4AG. The application has been brought by Mr Serdar Agriman (represented today by Emine Fezal Yurdakul of Perasolutions). The Applicant has applied to vary the licence to add late night refreshment Monday-Saturday and to remove condition 19 and replace it with amended wording and to change the opening hours. Full details can be found at pages 68-70 of the report. Representations have been received by the Environmental Health Service (Mr Maxwell Koduah), The Licensing Authority (Jessica Donovan), Metropolitan Police Service (PC Dave Morgan) and the Soho Society (Mr David Gleeson). Additional submissions have been received by Mr Richard Brown and these have been circulated to all parties. The Premises are situated within the West End Ward and fall within the West End Cumulative Impact Zone.
Ms Yurdakul Agent for the Applicant addressed the
Sub-Committee. She advised that the Applicant has been trading
since 2018 and the Premises is a very small operation. It has about
15 seating covers, and they sell wraps, fries, salads, sandwiches and rice boxes. It has a current licence
for the sale of alcohol from Monday-Saturday 11:00-23:00 and on
Sunday from 12:00 – 16:00. The Premises has a 5 Star hygiene
rating. There is a capacity of 15 patrons, food is provided and
with a substantial table meal the patrons can have alcohol. There
is a small selection of beers. The Applicant does not want smoking
at the front of the Premises.
Ms Yurdakul said the application seeks to remove
condition 19 and to have late night refreshments and would propose
that Condition 19 be replaced with the following
condition:-
“The supply of alcohol at the premises shall only be supplied to persons seated and taking a substantial table meal’ and also ‘the supply of alcohol shall only be supplied by waiter/waitress service only”.
Ms Yurdakul advised that after 23;00 alcohol will not be sold and after this time we propose that alcohol will be in locked cabinets. In addition, the proposed EHS conditions have been accepted. All external doors and windows will be kept closed after 23:00.
Ms Yurdakul stated that after speaking with the MPS we would like to withdraw our proposal of off-sales of hot food and would like to only have restaurant conditions for late night refreshments only. Ms Yurdakul said that granting the application will not add to the cumulative impact in the West End Cumulative Impact Zone and that each case should be considered on its merits. The Premises is very small and an extra 2 hours will not have an impact. She advised that the Applicant manages his Premises well and has had no complaints to date.
Ms Yurdakul advised that the Applicant had applied for 3 TENS and used these where 55 customers visited the Premises during this time and there were no reported issues or problems.
Ms Yurdakul said that the Premises does not attract new customers to the area and only services people in the area with complimentary tea and coffee. She advised that CCTV images had been shared of the front of the Premises and there were no queues or congregation of people.
Ms Yurdakul said that to avoid public nuisance, the Applicant will be displaying his contact number on the Premises and can be contacted anytime. A sign will also be displayed to say there is no takeaway.
Ms Donovan appearing on behalf of the Licensing Authority addressed the Sub-Committee. Ms Donovan said that arepresentation had been made due to the location of the Premises being within the West End Cumulative Impact Zone. The application was originally assessed under PB1 policy, however following further examination and the agreement of conditions, the application is now being considered under FFP1. FFP1 states that it is the Licensing Authorities policy to refuse applications within the West End cumulative impact zone other than applications to vary the existing licensing hours within the Council’s core hours policy (HRS1) and applications that seek to vary the existing licence as to reduce the overall capacity of the premises. The Licensing Authority note the Applicant has stated on page 99 of the main bundle that there will be no takeaways after 21:00 and would like the Applicant to elaborate on this and confirm if they are happy to accept a condition to this effect. This application does seek to add late night refreshment with the hours applied for falling outside the Councils core hours policy under the HRS1 policy.
Ms Donovan said the Applicant must demonstrate how the Premises will not add to cumulative impact within the West End cumulative impact area of CIP1 and the Sub-Committee must be satisfied that the applicant has provided exceptional circumstances to allow the application to depart from policy FFP1.
Mr Koduah appearing on behalf of the EHS addressed the Sub-Committee. Mr Koduah said that the timing for Thursday’s is 30 minutes beyond core hours, Friday and Saturday is 2 hours beyond core hours. Mr Koduah said that he spoke with the Applicant and they have agreed to Model Condition 56. A representation was submitted due to the hours proposed on Friday and Saturdays which are well beyond core hours.
Mr Koduah confirmed that he had discussed with the Applicant how they will deal with patrons that turn up at the door when the Premises is already full so that they do not cause a nuisance and it would be down to the Applicant to consider how they would best manage this.
At this point Ms Yurdakul confirmed that on these days there will be extra staff and the staff will supervise the front of the Premises when the Premises is full. SIA door staff would be costly and we do not feel this is proportionate.
The Sub-Committee raised an issue regarding the management of takeaway drivers. The Applicant confirmed that they have very little drivers and they usually come on a bike. No complaints have been made when deliveries have been carried out.
PC Morgan appearing on behalf of the MPS addressed the Sub-Committee. PC Morgan stated that thePolice maintained their representation on similar grounds that have already been discussed. Friday and Saturday hours are well beyond core hours. He said that our initial concerns were the takeaway element attracting intoxicated people. The Applicant reducing takeaway service to 23:00 was welcomed. Proposed Model Condition 56 was also welcomed.
PC Morgan said that our main concern now is people being attracted to that venue who are intoxicated who could go to that venue to try and get in for example if a large crowd turned up and how the situation would be managed.
PC Morgan said that SIA was suggested but no agreement appears to have been reached on that. It is accepted that the Premises is small, however, this may not be viable from the Applicants perspective but this is still our preferred option. PC Morgan stated that this area in Soho is high risk for crime between Midnight to 04:00 on Friday and Saturdays so this application falls within those peak hours. The Sub-Committee queried with the MPS whether there had been any problems within this particular area and was advised that in the general area there has been, but not at this particular Premises. The Sub-Committee noted that between the period February– March there had been 35 recorded offences.
PC Morgan said that his concern is the extra staff after 23:00. If anything did happen outside or in the queue, there would need to be a qualified SIA to deal with any disruptive behaviour and would not want to see anyone get hurt.
Mr Gleeson appearing on behalf of the Soho Society addressed the Sub-Committee. Mr Gleeson referred to the representation made by the Soho Society and the comments made by Richard Brown. Mr Gleeson said that the current licence of the Premises is until 23:00 selling alcohol to closure with MC66 restaurant condition. The application is for late night refreshment inside and outdoors, well beyond core hours on Friday and Saturday. The bench outside has 3 stalls suggests it will be used for immediate consumption.
Mr Gleeson said that in terms of policy FFP1 the presumption is to refuse applications in the West End Cumulative Impact Zone. RNT1 should not be considered due to the style and operation of the Premises. He said that after 23:00 hours this attracts large groups of customers and there are already a large number of pubs and bars nearby which are all quite busy.
Mr Gleeson said the Soho Society believe if the application is granted it will attract and keep people in the cumulative impact area. He said we are prepared to accept an extension to core hours for late night refreshment Monday - Saturday subject to no further extension. We do not object to the Sunday opening until 21:00.
We do not object to the removal of MC66 and replacement of MC38 in
view of the style of operation only if the hours are restricted to
core hours and there is no takeaway after 23:00.
Mr Gleeson said that we love the loudness of Soho and we love living there. However, we do not want businesses’ to be harmed. Bateman Street is a quiet residential street, and we do not see how this Premises will not become a honeypot if this application was granted.
Mr Gleeson said that the Sub-Committee should consider the key points raised as they are all pertinent matters for consideration when looking at the proposed later terminal hour. As far as the Soho Society are concerned, we see the Premises as a fast-food premises and we feel it will attract and keep people within the West End CIZ after 23:00.
The Sub-Committee sought clarification from the Applicant regarding the loss of daytime trade and the proposal for that to be extended to the night-time and whether they could provide a break down of the numbers coming into the Premises when they operated the 3 TENS. The Applicant confirmed this was between 23:00 to Midnight.
The Legal Advisor to the Sub-Committee explained whether Policy FFP1 should be considered and sought the views of the Licensing Authority and the Applicant. The Applicant reiterated that they are not a fast-food Premises and were applying for restaurant conditions only with alcohol served by waiter service and customers will always be seated.
Ms Yurdakul added that we are removing our off-sales after 23:00. There will only be late night refreshment on the Premises until 02:00 on Friday and Saturday. Thursdays will be until Midnight. One staff member will be supervising the front of the Premises.It would not be cost effective for the business to have an SIA now. The Premises will have at least 3 staff members on the Premises after 23:00 Friday and Saturday. Prior to 23:00 there will be 2 staff members on the Premises. We would like this application to be granted with the additional conditions and agree for the outside bench to be rendered unusable after 23:00 hours. In terms of SIA staff this could perhaps be reviewed at some stage in the future but for now there is not sufficient trade to justify SIA and the Premises is also small.
Conclusion
The Sub-Committee noted that the Premiseshas had the benefit of its existing licence since 2018 and operates as a café style restaurant and was seeking to have its late-night hours extended including for the supply of alcohol only when accompanied by a substantial meal and delivered to tables by waiter service.
The Premises is small having only 18 covers and was still seeing a significant reduction in passing trade which it relied heavily upon from the general switch to moving towards home working as result of the Covid-19 pandemic. The nature of the Premises operates up until 23:00 to provide food with the sale of alcohol on the table but with no spirits. Takeaway food is available until 23:00 and there is no customer smoking at the entrance to the Premises but occasional staff smoking.
The Sub-Committee noted that extending the evening opening hours would help the Applicant redeem some of the lost passing day trade. Alcohol would not be served after 23:00 hours and would be kept in a locked cabinet after this time.
The Sub-Committed noted that the Applicant had agreed conditions with the EHS regarding only serving alcohol with a substantial meal and all external doors closed after 23:00, in addition there should continue to be no fumes, steams or odours emitted from the premises.
The Sub-Committed noted also that after speaking to the Metropolitan Police, the Applicant withdrew from their application provision to service hot food Off the Premises and had provided CCTV evidence showing no signs of late-night queues into the Premises. This approach was welcomed by the Sub-Committee.
The Sub-Committee noted the concerns of the EHS about people arriving when the Premises was at capacity, demand for takeaway food, delivery drivers and potential complaints being made about the Premises to the Authority.
The Sub-Committee accepted the undertakings and guarantees given by the Applicant in respect of the management of the Premises and was reassured when he said they would ensure a member of staff supervises the entrance to the Premises to keep order from those arriving when full.
The Sub-Committee was reassured by the Applicant confirming that the Premises had very little demand for takeaway food which averaged between 5%-10% of turnover, delivery drivers were mainly on bikes (not a motorcycle) and again made up a small percentage of turnover and that there had been no complaints made to the City Council about the Premises.
The Sub-Committee noted the concerns of the MPS and had understood why their representation had been maintained due to the requested hours going on beyond core hours and the likelihood of the Premises becoming a destination venue and the history of crime in the wider area between 00:00 and 04:00 hours where crime was said to have increased statistically. However, the conditions the Sub-Committee has imposed on the licence will help assist the Premises manage the business in a way that promotes the crime and disorder licensing objective.
The Sub-Committee noted the Applicant’s undertaking to remove the outside seating daily which was a bench. This is to be removed no earlier than 23:00 daily so that nuisance is not caused to nearby residents.
The Sub-Committee noted that the Applicant did not provide any evidence to support their claim that later hour’s post-core would be of financial benefit. They explained that they had no hard figures to present but said their busiest evening time was until 00:00 with some surrounding third-party staff members finishing their shifts at other premises and coming to TAVUUK after work until 00:30. The Soho Society used this example to explain how the Premises could easily become a destination venue.
The Sub-Committee realises that it has a duty to consider each application on its individual merits and did so when determining the application. In terms of policy the Sub-Committee had to consider whether the Premises fell within the Fast-Food Policy namely FFP1 or the Restaurant Policy RNT1.
The Sub-Committee concluded that the predominate characteristics of the Premises are a fast-food premises but what is being offered after 23:00 hours is more of a restaurant nature style of Premises. It was noted by the Sub-Committee that the Applicant had used the TENs regime on three occasions to try and demonstrate the nature of the business model beyond core hours, but the Sub-Committee did not find that in itself sufficient evidence as exceptional reasons to grant the variation application up to 02:00 hours given the presumption to refuse such applications in the West End Cumulative Impact Zone when applying policy FFP1.
The Sub-Committee considered the evidence by the Soho Society to be well made and highly persuasive when it had to consider the proposed terminal hour of 02:00 and the likely impact of granting an extension would have on the numbers already within the West End Cumulative Impact Zone.
The Sub-Committee noted the CCTV evidence showing no queues beyond core hours, but there was not sufficient evidence to grant the licence until 02:00. The Sub-Committee decided that after 23:00 the Premises will operate under a minimum of 3 staff members (as opposed to employing SIA staff which would have been a disproportionate measure) this included being responsible for the front entrance given the Premises history of no complaints.
The Sub-Committee considered that Condition 19 should be replaced with model condition 38 which is a less onerous restaurant condition. The Sub-Committee was satisfied that the Premises would be food and not alcohol led due to the conditions imposed and for the requirement for alcohol to be served by waiter/waitress service and the cut of time for when alcohol is sold.
The Sub-Committee appreciates that it must strike the right balance when considering the needs of commercial operators and residents when determining applications of this type within an area of cumulative impact. It did not consider it appropriate or proportionate to refuse the application outright but nevertheless decided to grant the variation application from Monday through to Thursday until 23:30, Friday and Saturday until midnight where 02:00 was applied for, this would be opposed and not granted., Therefore the Sub-Committee decided that the hours for late night refreshment and the opening hours of the Premises are to be granted within core hours.
The Sub-Committee considers that the conditions it has imposed on the Premises Licence will mitigate the concerns of those who had objected and will promote the licensing objectives particularly the public nuisance and crime and disorder licensing objectives.
The Sub-Committee decided that the Applicant had provided valid reasons as to why the granting of the application would promote the licensing objectives.
Having carefully considered the Sub-Committee papers and the submissions made by all the parties, both orally and in writing, the Sub-Committee has decided, after taking into account all the individual circumstances of this application and the promotion of the four licensing objectives:
1. To grant permission for Late Night Refreshment (Indoors and Outdoors) Monday to Thursday 23:00 to 23:30 Friday and Saturday 23:00 to 00:00 Sunday N/A.
2. To refuse permission for the extended hours applied for Late Night Refreshment (Indoors and Outdoors) until 02:00 Friday and Saturday with no change on Sunday.
3. To grant permission for the Hours the Premises are Open to the Public Monday to Thursday 10:00 to 23:30 Friday to Saturday 12:00 to 00:00 Sunday 12:00 to 16:00.
4. To refuse permission for the extended Opening Hours of the Premises Monday to Wednesday 10:00 to 23:30 Thursday 10:00 to 00:00 Friday to Saturday 12:00 to 02:00 Sunday 12:00 to 21:00
5. That Condition 19 has now been replaced and varied with Model Condition 38 to remain in full force and effect as specified below as Condition 10.
6. To add conditions in the terms specified below.
7. That the varied licence is subject to any relevant mandatory conditions.
8. That the existing conditions on the licence shall apply in all respects except in so far as they are varied by this Decision.
9. That the varied licence is subject to the following additional conditions imposed by the Sub-Committee which are considered appropriate and proportionate to promote the licensing objectives.
Conditions imposed by the Committee after a licensing hearing
10. The supply of alcohol at the premises shall only be to a person seated taking a substantial table meal there and for consumption by such a person as ancillary to their meal.
For the purpose of this condition a ‘Substantial Table Meal’ means – a meal such as might be expected to be served as the main midday or main evening meal, or as a main course at either such meal and is eaten by a person seated at a table, or at a counter or other structure which serves the purposes of a table and is not used for the service of refreshments for consumption by persons not seated at a table or structure servicing the purposes of a table.
11. The number of seated persons inside the premises (excluding staff) shall not exceed 15 persons.
12. Substantial food and non-intoxicating beverages, including drinking water, shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises.
13. No deliveries to the premises shall take place between 23.00 and 08.00 on the following day.
14. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between (23.00) hours and (08.00) hours on the following day.
15. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
16. During the hours of operation of the premises, the licence holder shall ensure sufficient measures are in place to remove and prevent litter or waste arising or accumulating from customers in the area immediately outside the premises, and that this area shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business.
17. No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
18. The WC shall always be made available to customers during hours of operation.
19. Sale of alcohol will be ceased at 23:00.
20. Outside of the hours authorised for the sale of alcohol and whilst the premises are open to the public, the licence holder shall ensure that all alcohol within the premises (including alcohol behind the counter) is secured in a locked store-room or behind locked grilles, locked screens or locked cabinet doors so as to prevent access to the alcohol by both customers and staff.
21. The supply of alcohol shall be by waiter or waitress service only.
22. All windows and external doors shall be kept closed after 23:00 hours except for the immediate access and egress of persons.
23. A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number and/or is to be made available to residents and businesses in the vicinity.
24. No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated.
25. All outside benches shall be rendered unusable by 23:00 each day.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
24
March 2022
Supporting documents:
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TAVUUK 3-5 Bateman Street London W1D 4AG Report, item 4.
PDF 2 MB - Restricted enclosure View the reasons why document 4./2 is restricted